Bhikham Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MC.R. C No. 3057 of 2015 Bhikham Das S/o Rameshwar Das Manikpuri, Aged About 50 years Caste - Panika, R/o Village Banki Mongra, Shanti Nagar Qtr. No. M-100/62, Police Station Banki Mongra, Tahsil Katghora, Civil & Revenue District Korba Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through : The District Magistrate, Janjgir - District Janjgir - Champa & Also Through Police Station Champa, District Janjgir Champa Chhattisgarh ---- Respondent For Applicant.

- Shri Umakant Singh Chandel, Advocate For Respondent - Shri Neeraj Mehta, PL Hon'ble Shri Justice P. Sam Koshy Order On Board 10/07/2015 1.

This is the third bail application under Section 439 Cr.P.C for grant of bail to the applicant who has been arrested on 21.05.2014 in connection with Crime No. 145/2014 registered at Police Station - Champa, District- Janjgir Champa, for the offence punishable under Sections 420,467,468,469, 471/34 of IPC.

The first bail application and the second bail applications of the applicant was rejected on merit vide order dated 9.9.14 in M.Cr.C. No. 4418/2014 and on 24.2.15 in M.Cr.C. No. 7077/2014. 2.

It is pertinent to mention here that on 24.02.2015 when the second bail application of the applicant was rejected, liberty was granted to the applicant to revive the application for grant of bail in the event the trial is not concluded within a further period of three months. 3.

Counsel for the applicant today makes a submission though the order was passed on 24.02.2015 but till the date no evidence have

been recorded after 24.02.2015 and the first witness is ordered to be examined today i.e. on 10.07.2015 before the Court below, thus it would take long time for recording of the prosecution witnesses and therefore, prayed for grant of bail.

4.

Per contra, counsel for the State opposes the bail application on the ground that the bail applications of the applicant has been rejected on twice on merits and therefore, does call for any sympathetic consideration.

5.

Considering the submissions made by the counsel appearing for the either side and taking into consideration the period of detention of the applicant which on date is more than 14 months and the fact that the trial itself proceeding at a very slow pace, I am of the opinion that it is a fit case where the present applicant can be released on bail.

6.

Accordingly, the application for grant of bail is allowed. It is directed that if the applicant furnishes a personal bond for a sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. The applicant is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (P. Sam Koshy) JUDGE Santosh